George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Thank you, Senator Seselja. This morning the High Court gave judgement in Williams v Commonwealth of Australia No. 2. The effect of the court's decision is that the Commonwealth's National School Chaplaincy and Student Welfare Program is invalid. The basis of the decision is that the school chaplaincy program is invalid because, the court found, it is not supported by any legislative head of power in the Constitution. In particular, the court decided that the program was not a benefit to students within the meaning of section 51(xxiiiA) of the Constitution and was therefore not supported either by that or by any other constitutional head of power. It is important to note that, in arriving at that conclusion, the court did not deal with the merits of the program, merely with the question of whether it fell within a particular constitutional definition.